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Sony/ATV Music Publishing LLC & Anor v WPMC Ltd.; Iambic Media Ltd.; Bailey [2017] EWHC 389 (Ch)

Key areas: non-party costs orders; High Court

This was an application for costs against a third party.

The Claimant made a successful claim for breach of copyright, but had been unable to enforce the judgment due to the First Defendant going into liquidation.

Mr Bailey took majority control of the First Defendant in January 2013, and the Claimant sought its costs from him from that date.

The Claimant argued that Mr Bailey stood to benefit from the First Defendant’s action; that he funded the defence; that was in control. Mr Bailey argued that he did not have any notice that he may be liable.  The Court held that even if the Claimant had given notice, Mr Bailey would not have acted any differently, given the advice he received from his own solicitors.

As a result, the order was granted against Mr Bailey.

 

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